Voters May Live in a Different Magistrate District Than Before: “What’s Up With That?”

The US Constitution requires that members of county legislative bodies be elected in accordance with the principle of one person, one vote. For this reason, fiscal court Magistrate districts must be periodically redrawn so that they will be as nearly equal in population as is reasonably possible.”

In this election year, several voters have expressed confusion regarding which Magistrate District they will be voting in. Since the current Magistrates have all decided not to seek reelection, all three (3) Magistrate Districts will see a new Magistrate seated.

There are several candidates for each district this election cycle.

Candidates for Magistrate District 1 are: Tim Madden, Rodney Chrisman, Ovie Adkins, Shannon Dale Vickers, and Keith Sandlin.

Candidates for Magistrate District 2 are: Henry Smith, Raymond Ray Dalton, Robbie Belt, Tim Tankersley, and Mary Cavins.

Candidates for Magistrate District 3 are: Wendell Frye, Paul Alexander, Vernon Johnson, Rex Tillery, and Greg Lakes.

The Magistrate District you voted for in the last election may not be the District you vote for in this election. Magistrate District 3 became geographically larger and shifted southward. Magistrate District 2 shifted southward as well.

How did this happen and why?

Below is the explanation from an article published by the Jackson County Sun in August 2023.

If you are located on the boundary of a realigned District and you have questions regarding which District you reside in, contact the County Clerk (Donald “Duck” Moore), (606- 287-7800), and he will be glad to clarify the issue.

From the August 23rd, 2023 Edition of the Jackson County Sun:
Fiscal Court Receives District Reapportionment Report from Commission

In an action, technically long overdue, the Jackson County Fiscal Court is in the process of bringing the Magistrate District Boundaries of Jackson County up to date with the most current census. The county currently has three Magistrate Districts: District 1 covered by Magistrate Danny Todd. District 2 covered by Magistrate Dale Vaughn and District 3 covered by Magistrate Garvin Baker.

Reapportionment of Fiscal Court Districts
The US Constitution requires that members of county legislative bodies be elected in accordance with the principle of one person, one vote. For this reason, fiscal court Magistrate districts must be periodically redrawn so that they will be as nearly equal in population as is reasonably possible.

Reapportionment proceedings are timed according to the federal decennial census. The latest census was conducted in 2020. Each county must begin reapportionment proceedings in May of the first year after the decennial census. KRS 67.045 sets procedures for reapportioning Magistrate’s districts in counties where the members of the fiscal court are either nominated or elected by districts. The SARS-CoV-2 virus, which became prevalent in early 2020, delayed the federal census, in turn affecting state legislative redistricting as well as local reapportionment. Temporary legislation gave counties until May 2023 to complete their reapportionment proceedings that use decennial census data.

Reapportionment Commission. The fiscal court begins reapportionment proceedings by publishing notice of the planned reapportionment and appointing a reapportionment commission of three members, who must be residents of different districts and over the age of 21. The county clerk also serves as a nonvoting member of the commission.

The commissioners have 60 days from the time of their appointment to set district boundary lines. The commissioners produce a written report that shows the boundaries of the districts and the estimated population of each.

In drawing district lines, the commissioners should use the statutory standard that the districts are to be compact, contiguous (unbroken), and as nearly equal in population as is reasonably possible.

Copies of the report of the commission must be filed in the office of the county clerk and with each member of the fiscal court. This written report and the suggested boundaries were presented to the fiscal court at the last fiscal court meeting (Thursday, August 17, 2023).

District Boundaries. No later than 60 days after the commissioners’ report is filed, the fiscal court must adopt or amend the report and subsequently enact a county ordinance establishing the new district boundaries. The county board of elections may need to redraw precinct lines, as provided in KRS 117.055. No precinct may be in more than one justice’s or commissioner’s district.

Challenge To Reapportionment Plan. Any registered voter of the county may, within 20 days after the establishment of districts, challenge in Circuit Court the reapportionment plan adopted by the fiscal court. If the Circuit Court finds that the fiscal court has violated KRS 67.045, the Circuit Court may send the matter back to the fiscal court for further action. The Circuit Court may grant a prevailing party, other than the fiscal court, reasonable attorney’s fees, which are payable from the county treasury.